george mapunda another vs republic 2006 tzhc 49 24 may 2006

george mapunda another vs republic 2006 tzhc 49 24 may 2006

The conviction was unsafe as the main prosecution witness was himself a suspect and his testimony was uncorroborated and possibly actuated by malice; other prosecution witnesses did not support the core allegations.

Citation
george mapunda another vs republic 2006 tzhc 49 24 may 2006
Parties
Appellant: George Mapunda; Appellant: Wemma Abdallah; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 May 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Corruption, Appeal, Evidence, Burden of Proof
Source Language
English

Case Brief

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Parties

George Mapunda

Appellant

Wemma Abdallah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the appellants solicited and received a bribe of shs 30,000/= from Azizi Raisi as an inducement not to arrest him in connection with theft of DAWASA water pipes
  2. 2 Whether the conviction was safe based on the evidence adduced

Ratio Decidendi

The conviction was unsafe as the main prosecution witness was himself a suspect and his testimony was uncorroborated and possibly actuated by malice; other prosecution witnesses did not support the core allegations.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside